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Legislative Council - Fifty-First Parliament, Second Session (51-2)
2008-02-26 Daily Xml
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CHILDREN, SMACKING

In reply to the Hon. A.L. EVANS (29 May 2007).

The Hon. P. HOLLOWAY (Minister for Police, Minister for Mineral Resources Development, Minister for Urban Development and Planning):

1. South Australia Police (SAPOL) do not have a specific official policy regarding smacking of children by parents.

2. Police would take action against a parent in those circumstances where they believe that the force applied was or is excessive. Consistent with applicable legislation, SAPOL accept the community standard that on occasion some parents apply minor force to their child as an act of discipline.

Section 20 Criminal Law Consolidation Act—Assault

(1) A person commits an assault if the person, without the consent of another person (the 'victim')

(a) intentionally applies force (directly or indirectly) to the victim;

(2) However—

(a) conduct that lies within limits of what would be generally accepted in the community as normal incidents of social interaction or community life cannot amount to an assault;

and

(b) conduct that is justified or excused by law cannot amount to an assault.

Police would initiate proceedings for aggravated assault against a parent where it was believed that the application of force was more serious than an act of minor discipline.

In addition, the Children's Protection Act provides an 'officer' with the power to remove children from dangerous situations if an officer believes on reasonable grounds that a child is in a situation of serious danger and that it is necessary to remove the child from the situation, in order to protect the child from harm.

3. Police do not maintain records of parents charged with smacking their children as if police believe the application of force was more serious than an act of minor discipline, the parent would be charged with aggravated assault.

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